No. Castle Approves Zoning Text Change for Armonk Nursery Plan

After two years of debate and revised proposals, the North Castle Town Board unanimously approved a zoning text amendment last week that will likely allow an Armonk nursery to significantly expand its cafe.

Mariani Gardens on Bedford Road was granted the zoning revision at the board’s Aug. 14 meeting to enlarge its cafe from 1,000 square feet to up to 3,500 square feet and increase its seating capacity from 16 to 72. The text amendment will also allow for the sale of certain home furnishings and “luxury lifestyle” items, such as soaps and lotions, jewelry and women’s accessories. Planning board approval is all that’s needed for the project to move ahead.

Attorney P. Daniel Hollis, representing Mariani Gardens, said that his client transformed a decrepit property down the block from town hall when it was granted approvals for the 14,600-square-foot nursery in the municipality’s lone Nursery Business (NB) zone about seven years ago. It has been an important catalyst in improving downtown Armonk, he said.

Despite a torrent of criticisms over the past couple of years, including arguments that expanded uses would jeopardize Armonk’s adjacent historic district, Hollis countered that Mariani Gardens would continue to provide an enhancement to the hamlet’s business district.

“What has happened next door protected the historic district. What happened next door enhanced this village. What happened next door brought vitality and it was the first step, of which Armonk Square is another step, in making the downtown Armonk area a true jewel,” said Hollis, who maintained that an upscale nursery would continue to be the primary business at the site.

Originally, the plan was for retail to be the accessory use at the site, fueling protests from a portion of the public who argued that it would threaten the health of Main Street businesses. At the time, Mariani Gardens representatives stated that it needed additional uses at the site because of the shifting business climate.

Later, another plan asked for an expanded cafe and to have the greenhouse host parties with up to 200 guests, including a certain number of events that could have amplified music. That proposal was met by intense opposition, including from St. Stephen’s Episcopal Church, which is directly across the street from the nursery.

There was a breakthrough within the past two months when Mariani Gardens dropped the events portion of its proposal, opting only for the larger cafe with wine and beer service, waiter service and expanded hours of 8 a.m. to 11 p.m.

Supervisor Howard Arden said he thought the applicant’s decision to abandon the request to host parties and other events was crucial in working with St. Stephen’s because it limited the scope of the project.

“It’s a destination for us,” Arden said. “The applicant, I think, will be very careful and considerate of offending St. Stephen’s and the church and now I think we have some safeguards in the event of change of ownership in the future. I feel very comfortable with this applicant and this application.”

Prior to their vote and following more than an hour of comments at the resumption of the public hearing, councilmen Stephen D’Angelo and Michael Schiliro sought ways to ensure the new uses would not turn the property into a retail center or strip mall.

Officials agreed to include definitions of home furnishings and luxury lifestyle items to give clear direction of what would be permissible; have the Building Department include in its Certificate of Occupancy that beer and wine would be the only alcoholic beverages served; if any use other than the nursery goes beyond 5,000 square feet, a special use permit would be needed; and that the outdoor seating be limited to the current 16 seats.

Under the town’s zoning code, a food establishment could have an equal number of seats outside as it does inside if there is sufficient room on the property.

Schiliro said those conditions were necessary to protect the area.

“It’s a beautiful property, he put a lot of money into this property, it is a beautiful part of town what he has done there,” Schiliro said. “But what if he’s gone? He grew up here but what if he’s gone? Somebody comes in and has no attachment to the town and they say all I want is one tenant.”

Councilwoman Diane DiDonato-Roth said she was pleased by the passage of the zoning text amendment and by the additional conditions.

“I think it provides future security of what is going to happen at that building,” she said.

Opponents of the plan expressed concern that the site could become much busier with inappropriate uses and even a big box store someday.

Clifford Davis, the attorney representing St. Stephen’s, informed the town board that talks with the town and the applicant had progressed nicely but there were outstanding issues that were still not addressed, including the absence of a zoning analysis, the lack of an explanation of why the proposal would be beneficial to the community and whether it’s consistent with the town’s Comprehensive Plan.

Davis said that the church submitted a petition to the town asking for a supermajority for the zoning vote. There would need to be signatures from property owners of at least 20 percent of the land within 100 feet of the Mariani property line. St. Stephen’s owns about 37 percent of the property within 100 feet, Davis said.

“The zone change is no longer for a cute cafe inside a nursery, it is for a full-fledged restaurant with 18 tables with an accessory use as a nursery,” he said.

Hollis said that there is no chance the property would become a retail center since it’s zoned as a Nursery Business for its primary use.

“A strip mall is not on the horizon today or any day,” Hollis said.

Another opponent, Susan Shimer, said she was upset that the town was looking to move ahead with the zoning revision even though Mariani Gardens was served with a notice of violation in the spring for selling some of the items listed as home furnishings and luxury lifestyles before the zoning change.

No date was given for when the application would return to the planning board for final approval.